Deferred Action for Childhood Arrivals, DACA, is available to some foreign-nationals that reside in the United States and entered the United States before reaching age 16. The program is sometimes referred to as the Dream Act or President Obama's immigration program for Dreamers.

Deferred Action for Childhood Arrivals

On June 15, 2012 the Department of Homeland Security announced the creation of the Consideration of Deferred Action for Childhood Arrivals Program. The program allows eligible applicants to remain in the United States and receive employment authorization. The program provides reliefs for certain individuals that came to the United States as children, some referred to as DREAMERS.

The basic eligibility requirements are as follows:

You must have been under the age of 31 as of June 15, 2012

You must have entered the United States before reaching your 16th birthday

You must have continuously resided in the United States since June 15, 2007

You must have been physically present in the United States on June 15, 2012 and on the day your application for deferred action is made

You must have entered the United States without inspection before June 15, 2012, or your immigrant status expired prior to that date

You must be in high school, graduated, obtained a GED or an honorably discharged veteran of the Coast Guard or Armed Forces

You must not have been convicted of a felony, a significant misdemeanor, or three or more other misdemeanors, and you must not otherwise pose a threat to national security

USCIS resources regarding the Deferred Action for Childhood Arrivals Program can be found here.

The application for Deferred Action for Childhood Arrivals is made on USCIS Form I-821D. The applicant is also required to file an application for employment authorization, USCIS Form I-765, concurrently with the application for deferred action. In addition, USCIS Form I-765W must be completed so that an applicant for deferred action can establish an economic need for receiving a work authorization document. The USCIS filing fee is $495.

Avoid dishonest practitioners or notarios providing false promises. If you need legal advice, make sure you find a licensed attorney. USCIS has a webpage devoted to avoiding unauthorized practitioners of immigration law here.

Many applications for Consideration of Deferred Action of Childhood Arrivals are approved in less than five months, and some in as little as two months. Preparing the appropriate documentation to prove that you meet all of the basic requirements is crucial. If you would like assistance with your application for deferred action, contact our Kansas City immigration law firm today.